KO YAU MAN 對 FRED LEE AND CHOW WAI LAN, CHRISTINE TRUSTEE OF THE PROPERTY OF KO YAU MAN, A BANKRUPT

KO YAU MAN 對 FRED LEE AND CHOW WAI LAN, CHRISTINE TRUSTEE OF THE PROPERTY OF KO YAU MAN, A BANKRUPT

The trustee's repeated engagement and assessments from 2016 to 2018 were reasonable and not perverse or irrational; therefore the court will not interfere and dismisses the application to overturn the trustee's decision.

Citation
[2018] HKCFI 990
Parties
Applicant (bankrupt): KO YAU MAN; Trustee: FRED LEE and CHOW WAI LAN, CHRISTINE trustee of the property of KO YAU MAN, a bankrupt
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
13 April 2018
Case Number
HCB9122/2015
Procedural Posture
Bankruptcy / Application to Set Aside Trustee Decision Under Bankruptcy Ordinance S83
Outcome
application dismissed; trustee's decision affirmed
Legal Topics
Trustee Discretion, Setting Aside Trustee Decision, Expenses Assessment, Costs
Source Language
CH
Bankruptcy Trusts Civil Procedure Trustee Discretion Setting Aside Trustee Decision Expenses Assessment Costs

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Parties

KO YAU MAN

Applicant (bankrupt)

FRED LEE and CHOW WAI LAN, CHRISTINE trustee of the property of KO YAU MAN, a bankrupt

Trustee

Procedural Posture

Bankruptcy / Application to Set Aside Trustee Decision Under Bankruptcy Ordinance S83

Legal Issues

  1. 1 Whether the trustee's assessment of the bankrupt's necessary expenses and required monthly payments was unfair or unreasonable
  2. 2 Whether the court should intervene under s83 to confirm, vary or set aside the trustee's decision

Ratio Decidendi

The trustee's repeated engagement and assessments from 2016 to 2018 were reasonable and not perverse or irrational; therefore the court will not interfere and dismisses the application to overturn the trustee's decision.

Court Disposition

application dismissed; trustee's decision affirmed

Orders

  • Application dismissed
  • Costs assessed at HK$15,000 to be paid by the bankrupt from his estate